Washington, DC ­­–Congressman Tim Ryan (OH-17), was joined by his colleagues
Congresswoman Betty Sutton (OH-13), Congresswoman Mary Jo Kilroy (OH-15),
Congressman Dennis Kucinich (OH-10) and Congressman John Boccieri (OH-16) to
introduce a bill that would give United States federal courts jurisdiction over
all federal contracts with both domestic and foreign contractors. House Resolution
2349 has been introduced in response to the tragic loss of Lieutenant Colonel
Dominic “Rocky” Baragona of Niles, Ohio, during an accident involving a Kuwaiti
company.

In 2003, Lieutenant Colonel
Baragona was killed when his Humvee was struck by a supply truck driven by a
Kuwaiti contractor, Kuwait Gulf & Link (KGL) Transport Company, in Iraq.
KGL was under contract with the U.S. Army to deliver supplies into Iraq at the
time its truck struck and killed Baragona. Rocky’s family filed suit against KGL
in a Georgia federal court. When KGL refused to show, the court entered a $4.9
million default judgment against the corporation and the U.S. Army threatened
to cancel its contract with them. The company then made a special appearance to
have the judgment vacated under the premise that a U.S. court DOES NOT
have jurisdiction over the company. Recently a judge vacated the earlier
decision.

“Kuwait Gulf and Link is
responsible for the wrongful death of a decorated soldier,” said Congressman Tim Ryan. “It is a miscarriage of
justice to allow this company to hide behind a procedural technicality in the
American Legal System. KGL’S attempt to shirk its responsibility to the
Baragona family is not only an abuse, but also callously unjust.”

“Contractors that receive our
American tax dollars must be held accountable for their actions in U.S.
Courts,” said Congresswoman Betty
Sutton. “No family should ever experience what the Baragona family is
having to endure. This lack of accountability should never happen again.”

“Americans serving abroad, both
military and civilian, should be protected under this nation’s law, especially
when the projects are funded by the American taxpayer,” Congresswoman Mary Jo Kilroy said. “This tragic
incident makes action necessary to ensure these loopholes do not prevent
justice.”

“The treatment the Baragona family has received from the
Kuwaiti Gulf and Link Transport Company and the United States Government is
deplorable,” said Congressman Dennis Kucinich. “Lieutenant Colonel
Baragona served this country honorably, and this bill will serve Baragona by
helping to ensure that a contractor cannot evade responsibility by hiding
behind the law.”

"I'm very disappointed
that KGL would find loopholes in the law to deny Lieutenant Colonel Baragona's family the opportunity to be made whole," Congressman Boccieri said. "KGL wants
American soldiers to protect them, but when the opportunity presents itself to
protect the families of soldiers killed, they find loop holes in the law.
This bill helps close those loopholes and makes companies like KGL accountable
for the lives of our soldiers once again."

The bill requires that all U.S.
federal contracts include a clause establishing consent of the contractor
(whether foreign ordomestic) that U.S. federal courts will have
jurisdiction over disputes arising out of the contracts, including suits
involving serious bodily injury of a U.S. service member, government employee
or U.S. citizen contractor. The clause would also have to be added to any
contract modifications or new task orders under ID/IQ contracts after passage
of the law. Senator Claire McCaskill has introduced a companion bill, S.
526 in the Senate.